How do I write a letter before action?
A letter before action should explain the dispute, the remedy sought, the supporting facts and a reasonable deadline for response. It should help the recipient understand the claim and give both sides a chance to resolve it before court.
Include the essentials
- Your name and contact details.
- The other party’s correct name and address.
- A chronological summary of what happened.
- The contractual or factual basis of the claim.
- The exact amount sought and how it was calculated.
- Copies of key documents.
- A clear response deadline and proposed next step.
Follow the correct protocol
Different types of dispute can have a specific pre-action protocol. Debt claims involving a business creditor and an individual debtor have additional requirements. Check the protocol that applies rather than relying on a generic online template.
Keep the tone factual
Avoid threats, exaggeration and unsupported allegations. Identify any settlement proposal separately. Keep proof of sending and a complete copy of the letter and enclosures.
Before issuing a claim
Consider mediation and whether the other party can pay. Confirm the court has jurisdiction, the claim is within time and the amount is supported. Court fees and costs risk can affect whether proceedings are proportionate.
Official information
HMCTS explains that parties are normally expected to try to settle before proceedings in its Money Claim Online guidance. You can prepare a case preview before deciding what to do.
General information for England and Wales. Not legal advice. Check current official guidance and urgent deadlines before acting.